Truth Recovery Research Articles

Denial, Silence and the Politics of the Past: Unpicking the Opposition to Truth Recovery in Northern Ireland

There has been considerable and protracted debate on whether a formal truth recovery process should be established in Northern Ireland. Some of the strongest opposition to the creation of such a body has been from unionist political elites and the security forces. Based on qualitative fieldwork, this article argues that the dynamics of denial and silence have been instrumental in shaping their concerns. It explores how questions of memory, identity and denial have created a ‘myth of blamelessness’ in unionist discourse that is at odds with the reasons for a truth process being established. It also examines how three interlocking manifestations of silence – ‘silence as passivity,’ ‘silence as loyalty’ and ‘silence as pragmatism’ – have furthered unionists’ opposition to dealing with the past. This article argues that making peace with the past requires an active deconstruction of these practices.

Explaining Prolonged Silences in Transitional Justice

The article examines why some postconflict societies defer the recovery of those who forcibly disappeared as a result of political violence, even after a fully fledged democratic regime is consolidated. The prolonged silences in Cyprus and Spain contradict the experience of other countries such as Bosnia, Guatemala, and South Africa, where truth recovery for disappeared or missing persons was a central element of the transition to peace and democracy. Exhumations of mass graves containing the victims from the two periods of violence in Cyprus (1963–1974) and the Spanish Civil War (1936–1939) was delayed up until the early 2000s. Cyprus and Spain are well suited to explain both prolonged silences in transitional justice and the puzzling decision to become belated truth seekers. The article shows that in negotiated transitions, a subtle elite agreement links the noninstrumental use of the past with the imminent needs for political stability and nascent democratization. As time passes, selective silence becomes an entrenched feature of the political discourse and democratic institutions, acquiring a hegemonic status and prolonging the silencing of violence.

Fearful of the Past or ‘Remembering the Future and Our Cause’? A Response to Cheryl Lawther

Cheryl Lawther's article on ‘Unionists, loyalists and truth recovery’ has laid bare some uncomfortable truisms in the debate about ‘dealing with the past’, including loyalist paramilitaries' insatiable opposition to any form of ‘truth recovery’ process and the tendency to lay the blame for their violent actions at the door of ‘middle-class’ unionist politicians. However, by raising the spectre of collective responsibility, the article understates the progress made by some loyalists in advancing the wider debate on peace-building. Indeed, there is much more that could be said about loyalist scepticism of a so-called ‘truth process’ than her analysis allows. The response presented here, intended to add not to subtract from the five major points made in the article, identifies and critiques the fault-lines of a cacophony of ‘peace process’ narratives that require greater scrutiny before a serious discussion can be embarked on of the history and legacy of the Northern Ireland ‘troubles’.

Unionism, Truth and the Challenge of the Past: A Response to Aaron Edwards

This article responds to Dr Aaron Edwards' comments on my previously published article ‘Unionism, truth recovery and the fearful past’ (2011, Irish Political Studies, 26(3), pp. 361–382). It highlights two main areas of concern – the manipulation of the papers' findings into a broader critique of peace process narratives and that the paper ‘skews’ loyalist paramilitaries' contribution to peace-building. Both points suggest a misinterpretation of the arguments contained in my paper and its relationship to the field of transitional justice.

Dealing with the Past in Northern Ireland: An Inventory

The paper was presented at an event entitled ‘What Next? Dealing with the Past in Northern Ireland,’ in Belfast on 25 May 2012. The event was organised by the Transitional Justice Institute at the University of Ulster. The paper considers the various mechanisms established by the state to deal with the legacy of the thirty year conflict. These include the Police Ombudsman's Office, the Historical Enquiries Team of the Police Service of Northern Ireland and the Coroner's Office as well as initiative such as the Consultative Group on Dealing with the Past. It critically examines these mechanisms and concludes that together they do not constitute a comprehensive truth recovery process.

Spectres of History: Nationalist Party Politics and Truth Recovery in Northern Ireland

This article critically explores the idea that resolving ethnic conflicts requires some form of truth recovery mechanism to ensure accountability for past actions. While the truth recovery model suggests the need for a pluralistic, inclusive approach to peace building, I argue that its intersection with party and identity politics means that it has the potential to destabilise settlement processes. Using the Northern Ireland case as an example, I describe how the truth recovery model can trigger a contest over the past in which ethnicised understandings of the past and the present come to the fore. An essentially disruptive element in peace building, truth recovery conjures into existence alternative historical narratives, counterfactual historical scenarios and, in an ethnically divided society, may actually narrow the space for debating ‘peace’ and thereby reproduce entrenched and polarised identities.

Unionism, Truth Recovery and the Fearful Past

While formal truth recovery processes have been commonplace in many transitional societies, the question of whether Northern Ireland should have an official examination of its past has been contested. Some of the most vociferous opposition to a truth mechanism has been from unionist and loyalist political parties and associations. The Consultative Group on the Past's recommendation for the establishment of a ‘Legacy Commission’ – a bespoke truth recovery body for Northern Ireland – has hence become the most recent focus for their concerns. Based upon extensive and original qualitative interviews with elite level political and civil society representatives, this paper analyses and explores unionists' and loyalists' opposition to and reluctance to engage in the truth recovery debate. This paper argues that their oppositional discourses to truth recovery are grounded in prevailing ideological beliefs and perceptions. The longevity of these factors poses significant questions for the future development of the truth recovery debate in Northern Ireland and the place of unionists and loyalists within it.

Delaying truth recovery for missing persons*

The fate of missing persons is a central issue in postconflict societies facing truth recovery and human rights dilemmas. Despite widespread public sym- pathy towards relatives, societies emerging from conflict often defer the recovery of missing for decades. More paradoxically, in post-1974 Cyprus, the official authorities delayed unilateral exhumations of victims buried within cemeteries in their own jurisdiction. Analysis of official post1974 discourses reveals a Greek-Cypriot consensus to emphasise the issue as one of Turkish aggression, thus downplaying in-group responsibilities and the legacy of intra-communal violence. We compare the experience of Cyprus with other postconflict societies such as Spain, Northern Ireland, and Mozambique and explore the linkages between institutions and beliefs about transi- tional justice. We argue that elite consensus initiates and facilitates the transition to democracy but often leads to the institutionalisation of groups opposing truth recovery even for in-group members.

Who are the Victims? Victimhood Experiences in Postagreement Northern Ireland

The conflict in Northern Ireland left over 3,600 people dead and tens of thousands injured, but establishing who are victims and the very nature of victimhood has been difficult. In part this is due to the highly contested nature of the labels “victim” and “terrorist.” The present paper employed interpretative phenomenological analysis to gain a greater understanding of the conceptualisation of victimhood in Northern Ireland. Catholic and Protestant civilians, paramilitaries, politicians, security force personnel, and community activists who had experienced direct and/or indirect political violence were interviewed. Analysis of the interview transcripts revealed five themes related to internal, interpersonal, and macro aspects of victimhood. The participants illustrated how the label of victim was associated with both weakness and strength, depending on the audience. Interview responses also revealed that although participants were resilient, they suffered at least some temporary psychological trauma due to their exposure to political violence. In addition the analysis indicated that there was a psychological cost associated with perpetrating acts of political violence. These findings are discussed in relation to the need for a national or cross-national program of intergroup dialogue and truth recovery to provide closure to victims and reintegrate victims and perpetrators into the postconflict society.

Watching a Bargain Unravel? A Panel Study of Victims' Attitudes about Transitional Justice in Cape Town, South Africa

1 Despite the extended nature of many transitional justice processes, collection of relevant longitudinal primary data, especially at an individual level, is rarely observed as a means of assessing the impact of formal measures. This article reports on a panel survey conducted in 2002-2003 and 2008 with 153 victims of apartheid-era violations from Cape Town, South Africa. During the interval between the two waves of the survey, both undertaken after the Truth and Reconciliation Commission (TRC) completed its work, government policies concerning reparations, prosecutions and pardons undermined the compromises that were central to the TRC process and integral to the democratic transition. The data analysis shows that approval of the unique conditional amnesty offered by the TRC was at first surprisingly high, with many respondents acknowledging its practical rationale, but it fell dramatically by 2008. This decline in support is associated with an increased sense of the unfairness of amnesty and dissatisfaction with the extent of truth recovery. Knowledge of and attitudes about prosecutions and pardons do not appear to be contributing factors, though the results indicate a greater desire for accountability, even at the risk of instability. The findings emphasize the need for rigorous, ongoing evaluation of transitional justice processes to appreciate properly the complex and dynamic nature of individual attitudes and the influence of emergent events.

The internal logic of the cosmos as ‘justice’ and ‘reconciliation’: Micro-level perceptions in post-conflict Guatemala

Recently there has been greater interest from academics and practitioners in the role of ‘traditional’ justice mechanisms in politics of peace, reconciliation and transitional justice efforts after a period of large-scale human rights violations. However, this call for ‘culturally sensitive’ approaches remains at a rhetorical level. This article attempts to fill the knowledge gap of empirical local studies and focuses on post-conflict processes in Guatemala. It explores the actual and potential role of particularities of Mayan Q’eqchi’ culture in local social reconstruction processes after the internal armed conflict. Based on extensive ethnographic field research, the article explores how concepts of justice and reconciliation are locally and culturally understood. It uncovers the existence of multiple ways of understanding these concepts and further, the fact that they are perceived very differently from interpretations in international law and transitional justice studies. Impunity, as defined by international law, is not the end of accountability, nor truth recovery or reparation. Here, the internal logic of the cosmos through an invisible spiritual force, fosters social and spiritual repair at community level, contributing to the lack of demands of justice by Q’eqchi’ survivors.

'Securing' the Past: Policing and the Contest over Truth in Northern Ireland

The question of whether Northern Ireland should have a formal truth recovery process has been amplified by the recent Report of the Consultative Group on the Past. Compared to the volume at which the truth recovery debate has been played out, relatively little is known about policing attitudes to this form of dealing with the past. This paper analyses the ways in which the history and context of policing in Northern Ireland have shaped attitudes towards truth recovery. It will be argued that differing opinions on the need for truth recovery are part of a debate over ownership of the past' between the ardent supporters of the Royal Ulster Constabulary and the new post-Patten managers and modernizers.

Peacebuilding in Northern Ireland: The Past, Present and Future

This article explores the reasons for the slow progress being made in the Northern Ireland peace process. It examines complications that exist in dealing with the past, present, and future of the conflict between the two main communities whilst also arguing that it is hard to separate these time frames in practice. In terms of the present, some well known difficulties with the consociational approach are identified. Recent studies have also demonstrated a failure to address sectarianism at the grass-roots level and there has been a resurgence in activity by spoilers and rejectionists. When thinking about the future the two communities still have competing views about the final constitutional destiny of Northern Ireland and this inhibits the development of a sense of a shared future. Although there have been a plethora of initiatives for dealing with the past and for truth recovery, there does not appear to have been a satisfactory approach to this important dimension of peacebuilding. The article concludes by advocating two key strategies. The first is the development of initiatives based on the pursuit of superordinate goals. The second endorses Rorty’s idea of sentimental education as a way of building greater solidarity.

‘Order Out of Chaos’: The Politics of Transitional Justice

This article critically assesses the application of the ‘transitional justice’ model of conflict transformation in Northern Ireland. The model addresses a number of important issues for societies emerging from violent conflict, including victims’ rights and dealing with the past. This article claims that the model is founded upon highly contentious political assumptions that give rise to a problematic framing of the issues involved. The underlying implication is that by eschewing basic political analysis in favour of unexamined ideals concerning conflict transformation, the TJ approach belies its commitment to truth recovery, victims’ rights and democratic accountability.

The burden of memory: Victims, storytelling and resistance in Northern Ireland

The article examines the potential and limitations of storytelling for victims of political violence. It rejects the view that storytelling is unproblematic, a way for victims to ‘get things off their chest’. It examines a wide range of literature on storytelling and testimony, from the Holocaust through to contemporary transitional societies. In particular, attention is focused on the experience of victims and survivors telling their stories in formal settings such as truth commissions and trials in South Africa and the former Yugoslavia, as well as at unofficial storytelling processes in Northern Ireland. The authors look at the potential of storytelling as resistance to injustice and conclude that while unofficial processes of storytelling present opportunities for collective solidarity, the stories often go unacknowledged by the wider society. Conversely, they also conclude that, while official mechanisms of truth recovery can ensure wide legitimacy for the stories of victims, this is often at the cost of marginalizing the storyteller and the story.

Indemnity, Amnesty, Pardon and Prosecution Guidelines in South Africa

In charting the history of the amnesty and amnesty-like measures in South Africa, this paper will begin in Part 2 by providing a brief overview of the apartheid system and the violations committed by the parties to the conflict that resulted. Then in Part 3 it will explore the triggers that forced the apartheid regime to move towards a negotiated transition. Part 4 will discuss the origins of the amnesty question in the transition through the struggle to define political crimes. Part 5 will consider the evolving positions of the government and the ANC towards amnesty and truth recovery in a context of high levels of violence and greater public knowledge of the crimes committed by both sides. Part 6 will explore the amnesty provisions in the postamble to the Interim Constitution 1993. Part 7 will briefly discuss the implementation of the 1990 and 1992 indemnity laws following the transfer of power. The provisions of the Interim Constitution relating to amnesty were given more detail in the subsequent Promotion of National Unity and Reconciliation Act 1995, which created the Truth and Reconciliation Commission (TRC), with its Amnesty Committee. This work of this commission will be explored in Part 8 and Part 9 will analyse the mandate and operations of the Amnesty Committee. Part 10 will evaluate how far the South African amnesty process achieved the goals outlined in the Promotion of National Unity and Reconciliation Act. Then, Part 11 will explore the relationship between the amnesty and trials, and in particular, it will discuss how the new National Prosecution Policy and the possibility of presidential pardons for political prisoners affect the legacy of the TRC. This paper will argue that South Africa provides an important case study that highlights that prosecutions and amnesty can co-exist and be complementary. Furthermore, the question of who was eligible for amnesty within South Africa raised interesting questions in relation to whether violent crimes could be defined as political, whether the crimes of the apartheid state should be treated equally to the crimes of its opponents, and the extent to which truth recovery can be incorporated in different models of amnesty, indemnity and prison releases.

Unearthing the Truth: The Politics of Exhumations in Cyprus and Spain

Contrary to the experience of other countries with memories of clandestine violence and “missing persons”, where the mobilisation of the (civil) society towards “truth recovery” was immediate and pivotal, the societies of Cyprus and Spain remained silent for a remarkably long period of time. This article aspires to explain the reasons why both Cypriot communities and the Spanish society did not manage, until recently, to comprehensively address—not to mention resolve—the problem of “missing persons”. The recent emergence of the “politics of exhumations” in these two countries, which highlight issues related to truth recovery and collective memory, renders the attempt to respond to the question of why these processes are taking place only today even more stimulating.

The Italian transition and national (non)reconciliation

This paper argues that Italy's apparent inability to successfully complete the transition from the First to a Second Republic and renew its political institutions is at least in part due to the country's failure to deal with its problematic legacy of political conflict and ideological confrontation. The analysis takes into consideration the growing literature on post-conflict national reconciliation, which is generally applied to countries experiencing a transition from an authoritarian regime to a liberal democracy and/or that have emerged from a bloody and prolonged civil war, rather than to democratic countries like Italy. Yet it can be argued that Italy went through a period of violent conflict in the late 1960s and 1970s which was directly related to the Cold War, and which has left a legacy of bitter divisions, antagonisms and recriminations, as well as preventing a truth recovery process about past crimes and the achievement of full justice through the courts. Indeed, since the collapse of the First Republic, Italy has shown extremely high levels of political conflict and mistrust. The paper argues that there are strong resistances to truth recovery from various social and political actors, and that in this situation many appear to favour a form of ‘collective amnesia’. Yet it is precisely the use of lies and amnesia that is preventing the emergence of tolerant identities and is fuelling mutually exclusionary narratives and interpretations of the conflictual past, as well as cultures of victimhood.

A Trojan Horse? Unionism, Trust and Truth-telling in Northern Ireland

The aim of this article is to examine the relationship between trust, testimony and truth recovery processes as part of post-conflict transition. The paper uses the case study of unionist attitudes toward a community-based truth-telling project in Northern Ireland to demonstrate the impact an absence of trust can have upon what the French philosopher Paul Ricoeur has described as the ‘space of controversy’ that emerges between the ‘certification’ and the ‘accreditation’ of testimony. The paper suggests such distrust is a legacy, not only of conflict, but also of the particular circumstances of transition and the specific mechanisms of truth recovery adopted. Ultimately the paper argues for a holistic, community-centred approach towards truth-telling and raises issues relevant to other violently divided societies undergoing transition and grappling with ways in which to deal with the legacy of political conflict.

PUNITIVE JUSTICE AND RESTORATIVE JUSTICE AS SOCIAL RECONCILIATION

The notion of justice is broad and complex. When we pursue justice too harshly after a conflict, we create new injustice and more victims; when we do not, the offenders usually keep hurting others and the violence is prolonged. As a matter of fact, only a few perpetrators can be punished. On the other hand, does punishment of the offender alone heal the victim or restore peace and harmony in society? Moreover, when the victim forgives, should the society still punish the offender? What role do truth recovery, state tribute (paid to the victims) and monetary compensation play in finding the balance between punitive justice and restorative justice? This paper takes up these issues of justice and, while discussing certain aspects of the relationship between punitive justice and restorative justice in some processes of social (national) reconciliation, tries to present some answers.